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UNVERSITY SYSTEM OF MARYLAND
PROCUREMENT POLICIES AND PROCEDURES
SECTION V. - PROCUREMENT METHODS
Set forth below are the generally accepted methods of
procurement, which may be adjusted, from time to time in the
best interest of the University to reflect current business
practices. Each institution of the USM shall be responsible
for developing policies and procedures for use of the
following methods that are consistent with those set forth
below and with the needs of the individual institutions.
A. Simplified Procurement Procedures
1. Simplified Procurement Limit
The Simplified Procurement limit is $100,000.
Institutions may establish and implement their own
Simplified Acquisition policies and procedures for
purchases under $100,000. An Institution may establish
its own Simplified Procurement threshold based on its
own requirements, but that limit may not exceed
$100,000. Procurement requirements shall not be
artificially divided so as to constitute simplified
procurements.
2. Procurements Using a Purchasing Card
The preferred method of purchase is using the
purchasing card in accordance with the policies and
procedures set forth at individual institutions.
3. Non-competitive Small Procurement Orders
Where the simplified procurement order does not
exceed $5,000, competition is preferred, but is not
required.
4. Competitive Simplified Procurements
For orders between $5,000 and $100,000 competition
shall be sought to the extent practical, as determined
by the Procurement Officer, considering such factors as
the availability of vendors, dollar value of the
procurement, cost of administering the procurement,
time available to make the procurement including
delivery time, and sound business judgment, consistent
with the above.
(a) The Procurement Officer shall solicit
quotations from a reasonable number of
sources.
(b) The Procurement Officer may consider factors
such as the following when deciding how many
quotations will be solicited:
(i) Nature of the item or service to be
purchased and whether it is highly
competitive and readily available; or if
it is relatively non-competitive;
(ii) Information obtained in making recent
purchases of the same or similar
item(s);
(iii) The urgency of the proposed purchase;
(iv) The dollar value of the proposed
purchase ; and
(v) Past experience concerning a specific
vendor's pricing.
(c) To the extent practicable, solicitations
shall be published in a manner that best
meets the needs of the solicitation. Examples
of resources available to the Procurement
Officer for publishing a solicitation include
but are not limited to:
(i) Bid Board
(ii) Maryland Contract Weekly
(iii)Trade Journals
(iv) Business Journals
(v) World Wide Web
5. Records
Adequate records shall be kept for simplified
procurements and may include the following:
(a) Name of authorized purchaser
(b) Date of purchase
(c) Name of vendor
(d) If applicable, charge slip or telephone
purchasing card log
(e) Itemized receipt, packing slip, or
itemized repair order, if applicable
(f) Copy of written or published
solicitation, if used
(g) Solicitation documentation including
names of vendors,copies of any written
responses received, bid or offer amounts,
basis for the award, identification of
MBE/SBE vendors, or copy of sole source
justification or explanation for single
bid response
(h) Copy of certification by appropriate
fiscal authority of fund availability to
satisfy the contractual requirement
(i) Copy of purchase order or contract.
6. Modifications
Modifications to a simplified procurement
shall be made in accordance with good
business practice.
7. Required Contract Clauses
In addition to those terms, conditions and
specifications necessary to the particular procurement,
a simplified acquisition shall include the University
System of Maryland Uniform Contract Terms and
Conditions in Appendix A of this document.
B. Competitive Sealed Bidding
1. Use of Competitive Sealed Bids
Competitive Sealed bidding, also called
"Invitation for Bid", is a method of procurement which
results in a contract awarded to the lowest evaluated
responsive bid from a responsible bidder based on the
specifications set forth in the solicitation.
Competitive sealed bids may be used. Typical reasons
why Competitive Sealed Bids may be used include:
(a) The award will be made on the basis of price
and other price related factors
(b) It is not necessary to conduct negotiations
with the responding sources about their bids
(c) Time permits the solicitation, submission and
evaluation of sealed bids
(d) There is a reasonable expectation of
receiving more than one sealed bid
2. Required Solicitation Clauses
In addition to those terms, conditions and
specifications necessary to a particular procurement,
a written solicitation for competitive sealed bids
must include the University System of Maryland
Uniform Contract Terms and Conditions in Appendix A
of this document.
3. Publishing
Invitations for bids shall be published in a
mannerthat best meets the needs of the solicitation.
Examples of resources available to the Procurement
Officer for publishing a solicitation include but are
not limited to:
(a) Bid Board
(b) Maryland Contract Weekly *
(c) Trade Journals
(d) Business Journals
(e) World Wide Web
* All invitations for bids shall be published in the
Maryland Contract Weekly provided that doing so is
consistent with the time requirements of the procurement.
4. Number of Bidders
It is the responsibility of the Procurement
Officer to seek bids from an adequate number of
suppliers.
5. Bid Due Date
It is the responsibility of the Procurement
Officer to provide a reasonable time for prospective
bidders to prepare and submit bids.
6. Pre-Bid Conference
Unless otherwise stated in the solicitation
document, attendance of prospective bidders at pre-bid
conferences is not mandatory.
7. Amendments or Addenda
If any amendments or addenda are required, the
Procurement Officer shall send a copy of the amendments
to all potential bidders that are known to have
received a copy of the solicitation. All amendments
shall include a statement to the effect that bidders
are required to acknowledge receipt of any amendments
to the request for bids. If appropriate, the due date
shall be adjusted to insure that sufficient time is
given to prospective bidders to consider the information
contained in the amendment for preparation of their responses.
8. Bid Opening
(a) Once received, all bids and modifications to
bids shall be placed in a secure place until
the date and time for the bid opening. After
the receipt of bids and before the bid
opening, the University shall not disclose
the identity of any bidder.
(b) Bids are to be opened publicly. The name, bid
price and other relevant information shall be
read aloud or otherwise made available to
those in attendance at the bid opening.
(c) All bids received must be recorded, tabulated
or summarized.
(d) At a reasonable time, after the bid opening,
all bids are available for public inspection.
9. Late Bids, Late Withdrawals, and Late Modifications
(a) Any bid, request for withdrawal, or
modification of a bid that is not received at
the designated location, time, and date set
forth in the bid documents will be considered
late and will not be considered. Delivery of
the bid to the specified location at the
prescribed time and date is the sole
responsibility of the bidder.
(b) At the sole discretion of the Procurement
Officer, exceptions may be made only when the
reason for the late bid, late request for
withdrawal or late modification of a bid, is
due to the action or inaction of the
Institutions personnel directing the
procurement activity or their employees.
(c) A record of the late bid, request for
withdrawal, or modification of a bid, shall
be made in the appropriate procurement file.
10. Form of Bids
Bids must be submitted in writing by the specified
due date and time. If bids are to be permitted by
other than written and signed documents, that must be
stated in the bid documents. Bids may be submitted
via such other forms (i.e., fax, electronic, etc.) as
the bid documents specifically allow.
11. Bid Requirements
(a) Bids shall be based upon the specifications
contained in the solicitation.
(b) Unless provided for in the solicitation
documents that electronic forms of bid
transmission are acceptable, each bid shall
be typewritten or written legibly in ink.
(c) If in writing, all erasures or alterations
shall be initialed in ink by the person who
signs the bid.
(d) Unless otherwise indicated in the bid
documents, each bid shall be submitted in an
envelope that clearly indicates that it
contains a bid and identifies the bid by the
bid number.
12. Mistakes, Errors, and Withdrawals of Bids
(a) Technicalities or minor irregularities in
bids may be waived if the Procurement Officer
determines that it shall be in the university's
best interest. The Procurement Officer may
either give a bidder an opportunity to cure
any deficiency resulting from a technicality
or minor irregularity in its bid, or waive the
deficiency if it is to the university's advantage
to do so.
(b) A bidder may correct mistakes discovered
before the time and date set for bid opening
by withdrawal or correcting the bid as
provided in Section V.B.9.
(c) If the Procurement Officer knows or has
reason to conclude that a mistake has been
made, the bidder may be requested to confirm
the bid. Situations in which confirmation
should be requested include obvious, apparent
errors on the face of the bid or a bid
unreasonably lower than the other bids
submitted. If the bidder alleges mistake,
the bid may be corrected or withdrawn upon
the written approval of the Procurement
Officer if any of the following conditions
are met:
(i) If the mistake and the intended
correction are clearly evident on the
face of the bid document, the bid shall
be corrected to the intended correct bid
and may not be withdrawn.
(ii) A bidder may be permitted to withdraw a
low bid if:
(a) A mistake is clearly evident on the
face of the bid document but the
intended correct bid is not
similarly evident; or
(b) The bidder submits proof of
evidential value that clearly and
convincingly demonstrates a mistake
was made.
(d) Mistakes may not be corrected after award of
the contract except when the Procurement
Officer makes a determination that it would
be unconscionable not to allow the mistake to
be corrected. Changes in price are not permitted.
Corrections shall be submitted to and approved in
writing by the Procurement Officer.
(e) When a bid is corrected or withdrawn, or
correction or withdrawal is denied, the
Procurement Officer shall prepare a determination
showing that the relief was granted or denied
in accordance with these policies and procedures.
13. Bid Evaluation and Award
(a) Unless otherwise specified in the
solicitation documents, bids shall remain
irrevocable for a period of 90 days after the
bid opening. If the Procurement Officer
determines that this is not sufficient time
to make an award, the time may be extended
upon written request to the bidders. The
Procurement Officer shall request of each
bidder, that his bid shall continue to be
irrevocable for the specified period of time.
(b) An award will be made to the bidder offering
the most favorable price that has been
determined to be both responsible and
responsive in meeting the requirements set
forth in the solicitation. The Institution
may make multiple awards if it is deemed to
be in the best interest of the Institution,
and if provided for in the solicitation. Bids
may not be evaluated on criteria other than
those set forth in the solicitation documents.
(c) The Institution reserves the right to make an
award as a total, item by item or by groups
of items as determined to be in the best
interest of the Institution.
(d) If a single bid is received in response to a
solicitation and the Procurement Officer
determines that the bid is responsive and
from a responsible bidder and other bidders
had a reasonable opportunity to respond, a
negotiated award may be made if it is
determined by the Procurement Officer to be
in the best interest of the University.
(e) Unless it is specifically stated in the
solicitation that multiple or alternate bids
will be accepted, they may not be accepted.
If they are to be accepted, the solicitation
should set forth how such bids are to be
treated.
(f) Bids conditioned upon the award of another
contract are not acceptable.
14. Tie bids
(a) Tie bids are responsive bids from responsible
bidders that are identical in price, terms,
and conditions and which meet all the
requirements and evaluation criteria set for
in the invitation to bid.
(b) The award shall be made to the in-state
business if identical favorable bids are
received from in-State and out-of-state
bidders. However, n order for the USM to
achieve its overall minority participation
goal, a contract may be awarded as follows:
(i) If identical favorable bids are received
from an in-state certified minority
business enterprise and an in-state non-
minority business enterprise, or an out-
of-state non-minority business enterprise,
the award may be made to the certified
minority business enterprise.
(ii) If identical favorable bids are received
from in state and out-of-state certified
minority business enterprises, the award
may be made to the certified minority
business enterprise having the greatest
amount of certified minority business
enterprise participation in the
particular contract.
(iii) If identical favorable bids are received
from in-state and out-of-state
non-minority business enterprises,
the award may be made to the non-minority
business enterprise having the greatest
amount of minority participation in the
contract,including staff or certified
minority business enterprise subcontract
participation in the contract.
(iv) If identical favorable bids are received
from in-state bidders or from
out-of-state bidders and no rules for
implementing a procedure for solving a
tie bid apply, a drawing shall be
conducted. A witness shall be present
to verify the drawing and shall certify
the results on the bid tabulation sheet.
(c) Records shall be made of all invitations
for bids on which tie bids are received.
15. Records
When bids have been rejected or canceled before
the due date, bids shall be returned to the bidders
unopened. When an award has been made copies of the
opened bids and any supporting documentation shall be
retained in the procurement file.
16. Multi-Step Sealed Bidding
A "multi-step sealed bid" is a multiple-phase
process in which bidders first submit un-priced
technical offers or samples, or both, to be evaluated
by the Institution and then, those bidders whose
technical offers or samples, or both, have been found
to be acceptable submit price bids which are then
considered. The procedures set forth in Section V.C.12
are to be followed when debriefing unsuccessful proposors.
C. Competitive Sealed Proposals
1. A Request For Proposals (RFP)
This procurement method employs an RFP for the
solicitation of Competitive Sealed Proposals which are
evaluated on the basis of factors that include but are
not limited to price. Evaluation shall be based on the
factors set forth in the request for proposals in order
to determine which proposal best meets the needs of the
Institution.
2. Issuance and Content of Proposals
(a) The Procurement Officer shall issue a written
solicitation containing all information
necessary for prospective proposors to prepare
a proposal. Identical information shall be
furnished to all potential proposors. If
indicated in the solicitation, facsimile or
electronic proposals may be authorized.
(b) A copy of the solicitation shall be provided
to a reasonable number of potential proposors
known to the university and those requesting
a copy of the solicitation in order to assure
adequate competition.
(c) The Procurement Officer shall insure that
sufficient time is given to potential
proposors to prepare responses.
(d) An RFP shall include:
(i) date, time and place for receipt of
proposals.
(ii) the evaluation factors and an indication
of the relative importance of each
evaluation factor (including price).
Numerical rating systems may be used,
but are not required. If used, numerical
factors need not be disclosed in the
solicitation.
(iii) a statement of the services, items or
equipment required.
(iv) a statement as to how and when price
proposals will be submitted (if not
received at the same date and time as
technical proposals).
(v) all mandatory solicitation requirements.
(vi) all required contract terms and
conditions,certifications,and securities.
(vii) at the discretion of the Procurement
Officer, a Maryland Economic Benefit
Evaluation Factor may be applied. Its
weight relative to the other technical
evaluation factors shall be set forth
in the RFP. Examples of the Maryland
Economic Benefit elements may be provided
in the RFP, but other benefits directly
or indirectly attributable to the Maryland
economy offered in a vendor's proposal may
also be considered.
(viii) a public information act notice which
is a mandatory provision for all
requests for proposals.The following
notice is preferred:
"Proposors should give specific
attention to the identification of
those portions of the proposals
that they deem to be confidential,
proprietary information or trade
secrets and provide any justification
why such materials, upon request,
should not be dislosed by the State
under the Access to Public Records
Act, State Government Article, title 10,
Subtitle 6, Annotated Code of Maryland."
(ix) If any amendments or addenda are required,
the Procurement Officer shall send a copy
of the amendments to all potential proposors
that are known to have received a copy of the
solicitation. All amendments shall include a
statement to the effect that proposors are
required to acknowledge receipt of any
amendments to the request for proposals. If
appropriate, the due date shall be adjusted to
insure that sufficient time is given to
prospective proposors to consider the information
contained in the amendment for preparation of
their responses.
3. Requirement for Notice
Public notice shall be given in the same manner as
provided in for competitive sealed bids in Section V.B.3 above.
4. Pre-Proposal Conference
Unless otherwise stated in the solicitation document,
attendance of prospective bidders at pre-proposal
conferences is not mandatory.
5. Receipt of Proposals
(a) All proposals shall be placed in a secure
place until the due date and time. Proposals
may not be opened publicly. The Procurement
Officer shall ensure that appropriate procedures
are in place for the opening of proposals.
(b) A register of proposals shall be prepared
identifying each proposor submitting a proposal.
In no event shall the register be disclosed
subsequent to the due date of the Financial offers
and prior to the award.
(c) After contract award, proposals shall be open
to the public subject to the provisions of
the Access to Public Records Act, State Government
Article, Title 10, Subtitle 6, Annotated Code of
Maryland.
6. Mistakes, Errors, and Withdrawal of Proposals
Mistakes, errors and withdrawals of proposal shall
be treated in the same manner as provided for in competitive
sealed bids in Section V.B.12 above.
7 Late Proposals, Late Modifications, and Late Withdrawals
Late proposals, late modifications and late withdrawals
shall be handled in accordance with Section V.B.9 above.
8. Classification of Proposals
(a) The Procurement Officer may classify proposals as:
(i) Reasonably susceptible of being selected
for award; or
(ii) Not reasonably susceptible of being selected
for award.
(b) Proposors judged by the Procurement Officer as not
responsible or proposals not reasonably susceptible
of being selected for award, shall be so classified
and the proposor/s so notified.
9. Evaluation of Proposals
(a) Prior to the technical evaluation, the Procurement
Officer shall establish the basis for the evaluation.
(b) During the evaluation of the proposals, information
contained in proposals shall not be disclosed to
(1) a prospective proposor or
(2) anyone outside of the evaluation committee except
to those deemed necessary to assist the committee in
evaluating the proposals. Any outside evaluator or
person providing assistance to the committee shall
be advised that the information discussed will be used
only for evaluation purposes and shall not be further
disclosed.
(c) Proposals determined to be reasonably susceptible of
being selected for award shall be evaluated as set
forth in the solicitation.
(d) Technical and price proposals shall be evaluated
independently of each other. Price evaluations may
be done at the completion of the technical evaluation
or at the same time as the technical evaluation so
long as it is done independently and the results not
revealed until such time as the technical
evaluation is completed.
(e) Performance (past and present) may be used as
an evaluation factor in determining the proposor's
ability to perform under the contract. If performance
is to be considered, that should be stated in the
solicitation. Proposors shall be asked to provide
references. In addition, the Institution may use
itself as a reference as well as other references
that may be known to the university but not provided
by the proposor.
(f) Multiple or alternate proposals, if permitted by the
solicitation documents, shall be handled in accordance
with Section V.B.13.(e) above.
(g) At the discretion of the Procurement Officer
following the recommendation by the evaluation
committee, a short-list of qualified proposals may
be established during the technical evaluation.
Only those firms short-listed would continue in the
evaluation process. Those firms not short-listed shall
be so advised. At this point, a second phase of the
technical evaluation shall take place. The second
phase may include oral presentations with further
discussions and refinements with the short-listed firms.
(h) At the conclusion of the evaluation, the Procurement
Officer shall document the following:
(i) An analysis of the technical proposals
including an assessment of each proposor's
ability to meet the technical requirements
of the solicitation;
(ii) A summary of the findings of the evaluation
committee.
(i) Award shall be made to the responsible proposor
whose overall technical and financial proposal was
evaluated as best meeting the needs of the University
as set forth in the RFP. The University may make
multiple awards if it is deemed to be in the best
interest of the University, and if provided for in
the solicitation
10. Discussions and/or Negotiations
(a) At the sole discretion of the Procurement Officer,
discussions and/or negotiations may be held.
(b) Proposors shall be treated fairly and equally
with respect to any opportunity for discussions,
negotiations and clarifications. The Procurement
Officer shall establish the procedures and schedule
for conducting any discussions.
(c) Discussions may take place at any point during the
evaluation process. To the extent that information
revealed during the discussions affects the ranking
of proposors during the technical or price evaluation
phase, the rankings may be adjusted accordingly.
(d) If any discussions reveal information that requires a
substantive clarification of, or change to the request
for proposals, the Procurement Officer shall amend the
request for proposals to incorporate the change(s)
and a copy of the amendment shall be sent to all
proposors still under consideration.
(e) During discussions, the Procurement Officer shall not
disclose or permit to be disclosed any information from
a competing proposal or advise a proposor of its
standing relative to another proposor.
(f) The Procurement Officer may allow the proposor a
reasonable opportunity to submit any technical, cost,
financial, or other information and materials, or
revisions to its proposals that may result from the
discussions.
(g) A record of each discussion shall be kept in the
procurement file.
11. Best and Final Offers
(a) When the Procurement Officer determines it is in the
best interest of the University, proposors may be
permitted to revise their proposals by submitting a
best and final offer or series of best and final offers.
(b) The Procurement Officer shall establish a due date and
time for best and final offers.
(c) A proposor's previous offer shall be deemed final
unless a new best and final offer is submitted as
requested.
12. Debriefing of Unsuccessful Proposors
(a) Unsuccessful proposors may request a debriefing. If
the proposor chooses to do so, the request must be
submitted in writing to the Procurement Officer within
ten days after the proposor knew, or should have known
its proposal was unsuccessful. Debriefings shall be
limited to discussion of the specific proposor's
proposal only and shall not include a discussion of
a competing offer's proposal. Debriefings shall be
conducted at the earliest feasible time.
(b) The debriefing may include information on areas in
which the unsuccessful proposor's proposal was deemed
weak or insufficient.
(c) Debriefing may not include discussion or dissemination
of the thoughts, notes or rankings of individual
members of an evaluation committee.
(d) Debriefing may include a summary of the Procurement
Officer's rationale for the selection decision and
recommended award.
13. Required Solicitation Clauses
In addition to those terms, conditions, and specifications
necessary to the particular procurement, a written solicitation
for a competitive sealed proposal shall include the current
University System of Maryland Uniform Contract Terms and
Conditions in Appendix A of this document.
14. Award of Competitive Sealed Proposals
Notice of award shall be published in the Maryland
Contract Weekly and/or by direct notification to all proposors.
D. Sole Source Procurements
1. Reason for Use of Sole Source
Procurement without competition is authorized under limited
conditions and subject to written justification documenting the
conditions which preclude the use of a competitive process. If
the Procurement Officer determines that there is only one source
that will satisfy the requirements and/or circumstances present,
the Procurement Officer may negotiate and award a contract without
competition to the sole source.
2. Documentation
(a) In each instance where the sole source procedures set
forth in this policy are used, the Procurement Officer
shall make a written determination as to its
appropriateness.
(b) Sole source procurements in the amount of $100,000 or
less may be approved by the Procurement Officer.
3. Continuing Need for Sole Source
The Procurement Officer shall take reasonable steps to avoid
using sole source procurement except in circumstances where it is
both necessary and in the best interests of the Institution. The
Procurement Officer shall take action, whenever possible,to avoid
the need to continue to procure the same construction, commodities,
supplies and/or services without competition.
4. Sole Source Procurement Procedures
(a) The Procurement Officer may use a letter to request a
proposal for a sole source procurement. The letter
shall refer to, or attach all terms and conditions of
the proposed contract (reference Appendix A).
(b) The Procurement Officer shall ensure that each sole
source contract contains all of the required clauses,
representations, terms, conditions and certifications,
in accordance with the requirements of these policies
and procedures.
(c) The Procurement Officer has a duty to negotiate the
most favorable price and terms and conditions
notwithstanding the sole source nature of the
procurement.
E. Emergency Procurement
1. Defined
When an emergency condition exists that prevents the use
of formal competitive procurement methods in awarding or
modifying a contract that is essential to the University, the
University may conduct a procurement on an emergency basis.
Emergency procurements may be negotiated on a sole source or
limited competition basis as dictated by the circumstances
surrounding the emergency.
2. Determining Need for an Emergency Procurement
An emergency condition justifies the use of
an emergency procurement when that condition threatens one (1)
or more of the following:
(a) The health or safety of any person(s) or animals(s);
(b) The preservation or protection of property; or
(c) The continuance of necessary University functions.
3. Limits of an Emergency Procurement
The emergency procurement shall be limited to the procurement
of only the types of items and quantities or time period
sufficient to meet the immediate threat and shall not be used
to meet long-term requirements.
4. Documentation
As soon as practicable, the Procurement Officer shall
prepare a written determination that sets forth the justification
for the emergency procurement. The determination shall include
the following:
(a) The basis and justification for the emergency
procurement including the date the emergency
first became known;
(b) A listing of the items and/or services procured;
(c) A description of the efforts made to ensure
that proposals or offers are received from as
many potential sources as possible under the
circumstances, or a sole source justification
with the appropriate sole source provisions.
5. Procedures for Emergency Procurement
(a) The Procurement Officer shall not be required to
publicize the solicitation of a procurement made on
an emergency basis.
(b) The Procurement Officer shall attempt to solicit
offers or proposals from as many potential vendors
as practicable under the emergency condition.
(c) A Procurement Officer may use any acceptable form of
bid (e.g., written, fax, electronically transmitted,
phone etc.) to solicit proposals for an emergency
procurement.
(d) The Procurement Officer shall ensure that proper
records of each emergency procurement are maintained.
F. Unsolicited Proposals
1. Defined
At the recommendation of the Procurement Officer,
the University may accept an unsolicited proposal for
evaluation if the proposal:
(a) is innovative and unique;
(b) was independently originated and developed by
the Proposor;
(c) was prepared without the supervision of the
University;
(d) includes sufficient detail to permit a determination
that University support would be worthwhile; and
(e) shows that the proposal would benefit the University.
2. Documentation
Unsolicited proposals shall contain information to
permit consideration in an objective and timely manner,
such as;
(a) The Proposor's name and address and type
of organization, such as profit, nonprofit,
educational, or certified minority business
enterprise;
(b) The names and telephone numbers of technical and
business personnel to be contacted for evaluation
or negotiation purposes;
(c) The identification of proprietary data to be used
only for evaluation purposes;
(d) The signature of a person authorized to represent
and contractually obligate the proposor;
(e) The proposed price or total estimated cost for the
effort in sufficient detail for meaningful
evaluation;
(f) The period of time for which the proposal is valid;
(g) The type of contract preferred; and
(h) The proposed duration of the effort.
3. Evaluation of Unsolicited Proposals
When performing an evaluation of an unsolicited proposal,
the following factors shall be considered, in addition to any
others appropriate for the particular proposal:
(a) The unique and innovative methods, approaches, or
concepts demonstrated by the proposal;
(b) The overall scientific, technical, or
socio-economic merits of the proposal;
(c) The potential contribution of the effort to the
University's specific mission;
(d) The proposor's capabilities, related experience,
facilities, techniques, or unique combinations
of these which are integral factors for achieving
the proposal objectives; and
(e) The qualifications, capabilities, and experience
of the proposed team leader or key personnel who
are critical to achieving the proposal objective.
4. Return of Unsolicited Proposals
The Institution must reject an unsolicited proposal and
it shall be returned to the proposor, citing reasons, when
its substance meets any of the following:
(a) It is available to the Institution without
restriction from another source;
(b) It closely resembles a pending competitive
procurement; or
(c) It does not demonstrate an innovative and unique
method, approach, or concept, or if it does,
another method, approach, or concept may be
available to the Institution on the basis of
competitive proposals.
(d) If the proposal is deemed not in the best
interest of the University or is deemed by the
University as not of value to the University.
(e) If the Institution has no requirement for what is
proposed and/or the proposal is not affordable.
5. Requirement to Make an Award
A favorable evaluation of an unsolicited proposal does
not, by itself, require the University to make an award.
6. Negotiations
The Procurement Officer may negotiate.
G. Procurement by Cooperative Purchasing Agreements
1. The University may participate in, conduct, sponsor or
administer a cooperative purchasing agreement. The purpose
of such agreements is to promote efficiency and savings that
can result from cooperative purchasing. This includes but is
not limited to agreements with any of the following:
(a) The federal government or an agency or other
instrumentality of the federal government;
(b) The State of Maryland, another state, or an agency
or other instrumentality of another state;
(c) A bistate or multistate agency;
(d) A county, municipal corporation, or other political
subdivision of the State or of another state, or an
agency or other instrumentality of the political
subdivision;
(e) Other institutions of higher education and the
University of Maryland Medical System.
(f) A cooperative or organization established for the
purpose of establishing contracts to aggregate the
common requirements of similar institutions for maximize
economies of scale when soliciting bids or proposals.
(g) Alumni associations, foundations, and faculty practice
organizations recognized by the Board of Regents.
2. The institution's solicitation must state that the contract
may be made available to other agencies for cooperative
procurements.
H. Use of Contracts Established by Other Institutions
or Agencies
Institutions of the University System of Maryland may use contracts
established by other Agencies or Institutions provided that use of
the contract is in the best interest of the Institution, and
provided that the contract was awarded after a procurement process
(including Sole Source or Negotiated Procurement), and provided
that the terms of the applicable contract does not prohibit use by
the University System of Maryland. Examples of Institutions whose
contracts are acceptable for use include, but are not limited to,
other States Agencies or Instrumentalities, The Federal Government
and its Instrumentalities, The University of Maryland Medical
System, Educational and Institution Cooperative (E & I Coop),
and the Maryland Hospital Association.
I. Architectural and Engineering Services
1. General
The University System of Maryland is committed to a
quality-based selection process in the procurement of
architectural and engineering services.
2. Applicability
These A/E policies and procedures are for the procurement
and award of contracts, consultant agreements and other
obligations for architectural and/or engineering services.
3. Request for Procurement of Services
(a) The procurement and management of A/E contracts
shall be consistent with the delegation of service
center procurement and management authority granted
to the University of Maryland, Baltimore and the
University of Maryland, College Park (herein referred
to as "USM Service Center"), as established by the
University System of Maryland Board of Regent policy
VIII-10.30 - Policy on Authority Concerning Certain Public
Improvement Projects.
(b) An institution of the University System of Maryland
(USM) desiring architectural and/or engineering services
shall submit to the appropriate USM Service Center
the following:
(i) A program for the project which sets forth all
information necessary to design the proposed
improvement;
(ii)Certification that the program has been approved
by the appropriate State agencies; and
(iii)Verification of funding.
(c) After receipt of the above documents, the USM Service
Center shall proceed with the procurement of
architectural and/or engineering services.
4. Qualification Committee
The Procurement Officer shall establish a Qualification
Committee composed of appropriate representatives from the USM
Service Center and the applicable USM client institution.
5. Solicitation
(a) The USM Service Center shall place announcements in
appropriate publications indicating a request to
procure architectural and/or engineering services.
(b) Solicitation Documents: The USM Service Center shall
make available a set of solicitation documents to all
architectural/engineering firms who request them.
(c) Procurement Process:
(i) Technical Proposal Phase:
(a) Initial Phase Technical Proposal:
(i) Interested architectural and/or engineering
firms will be requested to provide an
Initial Technical Proposal which will
address specified technical criteria such
as U.S. Government Standard Forms 254
(Architect-Engineer Related Services
Questionnaire) and 255 (Architect-Engineer
Related Services Questionnaire for Specific
Project), Current Workload, Economic Benefit
and Minority Business Enterprise
participation.
(ii) The Qualification Committee will evaluate
each architectural/engineering firm's
initial technical proposal based on the
specified technical criteria.
(iii) Based upon its evaluation, the Qualification
Committee will rank all
architectural/engineering firms.
(iv) As deemed appropriate by the Qualification
Committee or as specified in the solicitation
documents, one of the following steps will
be taken:
(a)Based on the ranking, the
Qualification Committee will provide
a ranking report to the Procurement
Officer. Upon approval of this report,
the Procurement Officer shall:
(i) notify all firms of the
ranking and
(ii) that only the candidate firm
ranked number one, or in the
case of a solicitation in
which multiple awards are
applicable. The appropriate
number of highest ranked
firms will proceed to the
Price Proposal/Negotiation
Phase [Section V.I.5(c)(ii)];
or
(b)Based on the ranking,the Qualification
Committee will determine the
short-listed firms who will advance
to the Second Phase Technical Proposal
[Section V.I.5(c)(i)(b)]
and the Procurement Officer will
notify all proposing firms of the
names of all proposers indicating
those who have been short-listed.
(b) Second Phase Technical Proposal:
(i) Short-listed firms will be requested to
submit Technical Proposals per the
guidelines set forth in the solicitation
documents or as requested by the
University.
(ii) The Qualification Committee will evaluate
each architectural/engineering firm's
technical proposal based on the specified
technical criteria.
(iii) If deemed appropriate by the Qualification
Committee or as specified in the
solicitation documents, interviews will
be scheduled with the short-listed firms.
(iv) The Qualification Committee will rank all
short-listed architectural/engineering
firms based on the technical proposals
and interviews, as applicable.
(v) The Qualification Committee will provide
a ranking report of short-listed firms
to the Procurement Officer.
(vi) Upon approval of the Qualification
Committee's ranking report, the
Procurement Officer shall notify all
short listed firms of the ranking and
that only the candidate firm ranked
number one or, in the case of a
solicitation in which multiple awards
are applicable,the appropriate number
of the highest ranking firms will proceed
to the Price Proposal/Negotiation
Phase [Section V.I.5(c)(ii)].
(ii) Price Proposal/Negotiation Phase:
(a) The Procurement Officer shall designate
a negotiation committee composed of
appropriate representatives from the USM
Service Center and the applicable USM
client institution (at its determination).
(b) The candidate firm or firms shall submit a
detailed price proposal in accordance
with the solicitation documents.
(c) Negotiations shall be conducted between
the candidate firm or firms and the
negotiation committee.
(d) If the negotiation committee is unable to
negotiate a satisfactory contract,the
committee shall advise the Procurement
Officer of such.
(e) If the Procurement Officer determines
that a satisfactory contract cannot be
negotiated, the negotiations shall be
terminated.In such instances, the USM
Service Center shall either commence
negotiations with the next ranked
candidate firm or firms or re-advertise
the procurement as it deems appropriate.
(f) Upon completion of successful
negotiations, the Negotiation Committee
will forward its recommendation for
contract award to the Procurement Officer.
6. Review of A/E Selection Process
(a) The Procurement Officer will review the rankings
of the short-listed Architectural/Engineering
firms and the final fee negotiations with a USM
Service Center Executive Group consisting of a
public member, a representative/s of the USM client
institution, and a minimum of two executive
management staff from the Service Center.
(b) Upon approval of the Executive Group, the
Procurement Officer shall proceed to the award
phase.
7. Award Phase
(a) Should the A/E award amount be $500,000 or less,
the Procurement Officer will proceed with awarding
the contract to the successful A/E firm or firms.
(b) Should the A/E award amount exceed $500,000, the
Procurement Officer will forward the contract
recommendation on an action agenda for Board of
Public Works approval.
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